LIBRARY

28 November 2016

A year ago, to mark the 2015 16 Days Against Gender Based Violence campaign, LICADHO published a report Getting Away With It: The Treatment of Rape in Cambodia’s Justice System. The report was based on cases investigated by LICADHO in 2012, 2013 and 2014 and found that there were grave and systemic flaws in how rape cases are prosecuted in Cambodia and as a result, a disturbingly low number of convictions. There were several reasons for this: the extensive use of financial compensation to settle cases, widespread corruption amongst the police and the judiciary, poor understanding and application of the law by judges, and the prevalence of discriminatory attitudes towards women.

7 November 2016

This afternoon, marking his 450th day in jail, Phnom Penh Municipal Court convicted opposition senator Hong Sok Hour of forgery and incitement charges, handing down a seven-year prison sentence.

In August 2015, Hong Sok Hour was charged with forgery of public documents, use of forged public documents, and incitement to commit a crime after posting a video containing images of an altered version of a reproduction of the 1979 treaty between Cambodia and Vietnam on Facebook. During his trial, which began in October 2015 and resumed just two weeks ago after more than a year's postponement, Hong Sok Hour’s defence lawyers were prevented from publicly presenting exculpatory evidence by trial judge Ros Piseth. He has now been detained in CC1 prison since his arrest in August 2015 by special forces on the orders of Prime Minister Hun Sen.

Exiled opposition president Sam Rainsy has also been charged as an accomplice in the same case, but not brought to trial.

4 November 2016

This morning, the Appeal Court upheld CNRP deputy leader Kem Sokha's conviction for refusing to appear as a witness after rejecting all arguments put forward by defence lawyers.

Appeal Court judge Seng Sivutha also upheld the five months prison sentence and 800,000 riel (about $200) fine handed down by the Municipal Court following Kem Sokha's trial in September. The deputy opposition leader now has one more opportunity to appeal his conviction at the Supreme Court; if the conviction is upheld there, his sentence can be enforced.

In a simultaneous hearing this morning, the Supreme Court ruled against a motion which challenged the Phnom Penh Municipal Court investigating judge's initial decision to bring Kem Sokha to trial. The challenge was brought on the grounds of his parliamentary immunity.

10 October 2016

This afternoon, the Phnom Penh Municipal Court sentenced opposition CNRP MP Um Sam An to two years and six months’ imprisonment with a four million riel ($1,000) fine after convicting him of incitement to commit a felony and incitement to commit discrimination under Articles 495 and 496 of the Cambodian Criminal Code.

During the trial hearing, Um Sam An and his lawyers made repeated complaints that the trial amounted to a violation of his constitutional rights to parliamentary immunity and freedom of expression before leaving the court in protest. Trial judge Heng Sokna completed the hearing in their absence.

The case relates to online expression and Facebook posts made by Um Sam An over one year ago in relation to the ongoing political dispute between the ruling party and the opposition over Cambodia’s border with Vietnam. The authorities interpreted the continued existence of the Facebook posts one year later as evidence of a “flagrant offence” – bypassing Um Sam An’s parliamentary immunity.

22 September 2016

We, the undersigned civil society organisations, condemn in the strongest terms today’s unjustified conviction of former Head of the Human Rights and Monitoring Section of the Cambodian Human Rights and Development Association ADHOC) and deputy secretary-general of the National Election Committee (NEC), Mr. Ny Chakrya, by the Phnom Penh Municipal Court. After a four and a half hour trial, Judge Khy Chhay deliberated for a mere 15 minutes before deciding to convict Mr. Ny Chakrya on charges of defamation, malicious denunciation, and publication of commentaries intended to unlawfully coerce judicial authorities, under Articles 305, 311 and 522 respectively of the Cambodian Criminal Code. Mr. Ny Chakrya was sentenced to six months in prison and given a fine of six million Riel (approximately $1,500).

19 September 2016

This morning, Boeung Kak Lake representatives Tep Vanny, Bo Chhorvy, Kong Chantha and Heng Mom were found guilty of obstruction of a public official with aggravating circumstances and insult relating to a November 2011 protest.

Judge Ly Sokleng sentenced all four women to six months' imprisonment after a three-hour hearing at the Phnom Penh Municipal Court. Tep Vanny was sent back to pre-trial detention in CC2 prison – where she has now been for nearly five weeks – for separate charges relating to a protest held by Boeung Kak Lake community in 2013 in front of the Prime Minister's house. No special enforcement order was issued so Bo Chhorvy and Kong Chantha – as well as Heng Mom, who was tried in absentia – were not arrested as their sentence will not be enforced until all appeals are exhausted. None of the evidence presented at the trial sufficiently proved the guilt of the four women.

About 30 community members and supporters from other land communities and civil society groups gathered outside the court during the trial.

14 September 2016

This morning a group of representatives from the Boeung Kak Lake community delivered petitions to the World Bank and the embassy of the Delegation of the European Union to Cambodia – calling for intervention to secure a resolution for the community’s remaining land conflict, the release of detained activist Tep Vanny and the dropping of charges against all members of the Boeung Kak Lake community.

At the World Bank, a group of approximately 30 para-police confronted the community representatives, accusing them of obstructing entrances to the World Bank before pushing the gathering away from the building. Shortly afterwards a representative of the World Bank accepted the petition.

At the European Union, Boeung Kak Lake representatives Bov Sophea and Song Sreyleap were permitted to enter the embassy, where an assistant to the ambassador accepted the petition. After leaving the embassy Song Sreyleap delivered a short speech to the media calling on the Cambodian government to resolve the remaining land dispute and to clear all criminal charges against members of the community. The representatives pledged to follow up on the petitions.

9 September 2016

Deputy opposition CNRP leader Kem Sokha was tried in absentia over an hour-long hearing this morning on charges of refusing a summons to appear in court. The prosecutor requested the court treat this as a flagrant offence, so that Kem Sokha cannot benefit from his parliamentary immunity.

The charges were brought in May after Kem Sokha refused two summons to appear as a witness in a case against two CNRP MPs accused of procurement. Their case, in turn, relates to accusations of prostitution leveled against Srey Mom, a woman with whom Kem Sokha had an alleged affair.

About 200 CNRP supporters gathered outside the court during the trial, with a heavy mixed police presence in the nearby Olympic Stadium. One supporter - a CNRP Phnom Penh treasurer Om Dara - was arrested and brought to 7 Makara police station following a brief scuffle between police and supporters.

4 September 2016

Six women from Phnom Penh land communities and four balloon sellers are currently being held in Dangkor district police station after their arrest this morning during a gathering outside Prey Sar’s CC2 prison.

About 100 people from land communities and other groups had gathered outside the prison this morning to call for the release of detained human rights defenders, including Boeung Kak Lake community representative Tep Vanny. As the group attempted to gather outside CC2’s gate, police and para-police confiscated balloons. They arrested the ten people - Yeay Mamy from Boeung Kak Lake community; Phoung Sopheap, Meas Sreypao, Sok Raksmey, Kiev Sary and Cheav Sreynich from Thmor Kol community; and balloon seller Seng Thy along with his son, Theoun Phanha, and nephews Poa Vichea and Chum Sobinkeo - before taking them to the police station.

Tep Vanny has been incarcerated in CC2 prison since 17 August. She had been arrested during a Black Monday gathering two days prior, swiftly tried and convicted of ‘insulting a public official’ within a week. She remains in pre-trial detention facing charges of intentional violence relating to a protest in March 2013, as well as further charges of obstructing and insulting a public official relating to protests in 2011. These old cases were reactivated just last week.

22 August 2016

This morning, Boeung Kak Lake activists Tep Vanny and Bov Sophea were convicted of ‘insulting a public official’ relating to a peaceful Black Monday protest last week and sentenced to six days’ imprisonment. Tep Vanny, facing pre-trial detention under charges of intentional violence which were brought last week relating to a 2013 protest, will be returned to Prey Sar’s CC2 prison. Bov Sophea should be released later today.

After just 18 minutes of deliberation, following a ninety-minute trial, the trial judge Pech Vicheator unexpectedly altered their charge to ‘insult of a public official’ (Criminal Code Article 502) – announcing the change during the delivery of his verdict – and sentenced Tep Vanny and Bov Sophea to the maximum six days’ imprisonment. After presenting a defense against the original incitement offences, lawyers were given no opportunity to defend against the altered insult charges, in a violation of the rights for adequate time and resources to prepare a defense.

On Friday, Tep Vanny was brought from provisional detention in CC2 prison to Phnom Penh Municipal Court for interview in relation to a protest outside Prime Minister Hun Sen’s house in 2013 and subsequently charged with intentional violence. The protest in question ended in one of the most violent crackdowns against the community, leaving five citizens injured, including some with broken bones.

22 August 2016

Equitable Cambodia (EC), Cambodian League for the Promotion and Defense of Human Rights (LICADHO), and Center for Alliance of Labor and Human Rights (CENTRAL) are extremely disheartened by today’s verdict against Eang Vuthy, Chheang Phea and Phen Kimsong. From the outset, it has been our position that there was no legal basis for this case. This was made clear during the trial hearing, when the prosecutor informed the trial judge during his closing remarks that there was no evidence to support the charge of defamation.

19 August 2016

This afternoon activist Tep Vanny, whose trial under incitement charges began two days ago, was brought to Phnom Penh Municipal Court for interview in relation to a protest outside Prime Minister Hun Sen’s house in 2013.

Pro-government media outlet Freshnews, referring to Tep Vanny with the politically-loaded label ‘colour revolutionary’, reported that the questioning related to a different case of international violence with aggravating circumstances. She was questioned by Judge Nou Veasna, who was one of the trial judges in last year’s CNRP ‘insurrection’ case, without the presence of her lawyers.

Tep Vanny was arrested on Monday alongside fellow land activist Bov Sophea during a gathering in their community in support of the Black Monday campaign in an apparently targeted arrest. The pair were charged and sent to immediate trial on Wednesday, which was then suspended until Monday 22 August. The two women have been in Prey Sar’s CC2 prison since then.

18 August 2016

We, the undersigned civil society groups, demand the immediate release of two Boeung Kak Lake activists – Ms. Tep Vanny and Ms. Bov Sophea – who were charged and sent to provisional detention in Prey Sar’s CC2 prison on 17 August 2016, in relation to their involvement in the “Black Monday” campaign. We also call on authorities to drop the spurious incitement charges against them, and allow for peaceful assemblies, such as those in support of the Black Monday campaign, as protected under Cambodian and international law.

18 August 2016

We, the undersigned international, regional, and Cambodian non-governmental organizations, urge your delegation to support the adoption of a resolution addressing Cambodia's gravely deteriorating human rights situation at the 33rd session of the Human Rights Council.

This resolution should highlight and condemn the ongoing and systematic human rights violations in the country and impunity for their perpetrators; build on the concerns expressed by a number of States at the Council's 32nd session; and urge the Cambodian Government to urgently take corrective action to preserve the legacy of the Paris Peace Agreements, ahead of their 25th anniversary and of key municipal and general elections.

17 August 2016

Two Boeung Kak Lake activists are currently being tried under incitement charges following their arrest on Monday evening during a peaceful demonstration in their community to mark the 15th week of the “Black Monday” campaign.

Tep Vanny and Bov Sophea, both long-time activists from Boueng Kak Lake community, spent two nights detained in Daun Penh police station after para-police broke up Monday evening’s peaceful event, held by the community to call for the release of five imprisoned human rights defenders and for justice for the recent murder of political analyst and Black Monday supporter Kem Ley. They were charged by prosecutor Keo Socheat with incitement under Article 495 of Cambodia’s Criminal Code this afternoon, after a day of interrogation at Phnom Penh’s Municipal Court, and immediately sent to trial.

The charges represent a major escalation in police response to peaceful Black Monday protests. Altogether, such protests have resulted in at least 36 arrests since they began in May. Today is the first time Black Monday protesters have been charged.

28 July 2016

This morning, the Phnom Penh Municipal Court heard a defamation case involving self-exiled leader of the CNRP Sam Rainsy, and National Assembly President, Heng Samrin.

The case revolved around a Facebook post made by Rainsy on November 17, 2015, in which he shared a video of the late King Sihanouk making comments about the actions of the 1980s Samrin-led regime. The prosecutor, Vong Bun Visoth, and Samrin’s lawyer, Ky Tech, both argued that the caption Rainsy had written to accompany the video was exaggerated, defamatory and misleading. Neither the defendant nor his lawyers were present for the trial.

After 10 minutes of deliberation, judge Ros Piseth returned with a lengthy written judgment, finding Rainsy guilty of defamation under article 305 of the Criminal Code. Rainsy was ordered to pay a 10 million riel (about $2,500) fine and 150 million riel (about $37,500) in compensation to Heng Samrin.

4 July 2016

This morning, the ninth Black Monday was marked around Phnom Penh with gatherings by land activists, students and public shows of solidarity in the city’s biggest malls.

In support of five imprisoned human rights defenders, who were thrown into prison nine weeks ago today, groups of shoppers marked Black Monday in malls around the city, wearing black in solidarity with the five rights defenders. At the same time, a morning gathering in Boeung Kak Lake community in support of Black Monday was broken up by police and Daun Penh para-police, who violently confiscated banners and materials. A group of activists from Borei Keila demonstrated outside Phnom Penh Municipality, calling for the release of the five rights defenders. Students at Royal University Phnom Penh also joined the campaign on campus.

Today’s Phnom Penh-wide Black Monday celebrations come nine weeks after four human rights defenders from NGO ADHOC and one election official were detained on spurious charges of bribery.

1 July 2016

Three environmental activists from NGO Mother Nature were released this afternoon after being convicted and sentenced to 18 months’ imprisonment this morning. Their 10 months and 15 days' pre-trial detention was considered time-served, with the rest of the sentence suspended.

Try Sovikea, 26; Sun Mala, 24; and Sim Samnang, 29, were tried over two days earlier this week by Koh Kong provincial court. This morning, they were convicted by Judge Min Meakra with threatening to cause destruction, defacement or damage followed by an order under Articles 28 and 424 of the Criminal Code – charges brought after the three were arrested last year amid an ongoing campaign to end alleged illegal sand dredging in Koh Kong. Throughout the trial, little to no evidence of their guilt was presented.

The three have been held in pre-trial detention since their arrest in August 2015 – amounting to 11 days longer than the legal pre-trial detention limit. In addition to their prison sentence, the three men were also ordered to pay a two million riel (about $500) fine and 100 million riel (about $25,000) compensation payment.

28 June 2016

The two-day trial of three activists from environmental NGO Mother Nature, who have been imprisoned since August 2015, ended today at Koh Kong provincial court as about 80 supporters gathered outside.

The three – Try Sovikea, San Mala and Sim Samnang – were tried by Judge Min Meakra under Article 424 of the Criminal Code with threatening to cause destruction, defacement or damage followed by an order. The charges were brought after the three were arrested in August 2015 amid an ongoing campaign to end alleged illegal sand dredging in Koh Kong. Throughout the trial, limited evidence of guilt was presented.

The verdict will be announced on 1 July.

13 June 2016

This morning, ADHOC staffers Lim Mony, Ny Sokha, Nay Vanda and Yi Soksan, and election official Ny Chakrya, were denied bail in an Appeal Court hearing conducted by judge Khun Leang Meng.

The five human rights defenders were imprisoned under spurious bribery charges on 2 May amid national and international outcry. If convicted, they could be sentenced to between five and ten years’ imprisonment.

About 40 supporters gathered outside the Appeal Court for the hearing. Their banners were confiscated by police, and Sor Sorn, an activist from Borei Keila community, was arrested outside the court and taken to Daun Penh police station. Police have indicated she will be released this evening.